FIRM carry on business under a name, style, or firm, whatever may be done by them under that name is binding as much as if real names had been used; 1 Chitty, Bailm. 707; 2 C. & P. 296; 2 Campb. 548. Any change in the persons composing a firm is productive of a new signification of the name. If, therefore, a legacy is left to a firm, that is a legacy to those who compose it at the time the legacy vests; see 2 Keen, 255; 3 Mylne & C. 507; 7 De G. M. & G. 673; and if a legacy is left to the representatives of an old firm, it will be payable to the executors of the survivors of the partners constituting the firm alluded to, and not to its successors in business; 11 Ir. Eq. 451; 1 Lindl. Partn. 216. Again, an authority given to a firm of two partners cannot, it would seem, be exercised by them and a third person afterwards taken into partnership with them; 6 Bing. N. c. 201. See 4 Ad. & E. 832; 16 Sim. 121; 7 Hare, 351; 4 Ves. 649. A name may be a trade-mark; and, if it is, the use of it by others will be illegal, if they pass off themselves or their own goods for the firm or the goods of the firm whose name is made use of; 2 Keen, 213; 4 K. & J. 747. Moreover, if this is done intentionally, the illegality will not be affected by the circumstance that the imitators of the trade-mark are themselves of the same name as those whose mark they imitate; 13 Beav. 209; 3 De G. M. & G. 896. 665 FIRST-CLASS MISDEMEANANT An action by a firm may be defeated by a defence founded on the conduct of one of the partners. If one member of a firm is guilty of a fraud in entering into a contract on behalf of the firm, his fraud may be relied on as a defence to an action on the contract brought by him and his copartners; for their innocence does not purge his guilt. See Ry. & M. 178; 2 Sm. & G. 422; 5 De G. M. & G. 160; 2 Beav. 128; 10 id. 523; 3 Drew. 3; 3 Term, 454; 9 B. & C. 241. The above rule seems not to rest upon the ground that the act of the one partner is imputable to the firm; it governs when the circumstances are such as to exclude the doctrine of agency. Thus, if a partner pledges partnership property, and in so doing clearly acts beyond the limits of his authority, still, as he cannot dispute the validity of his own act, he and his copartners cannot recover the property so pledged by an action at law; 5 Exch. 489. So, although a partner has no right to pay his own separate debt by setting off against it a debt due from his creditor to the firm, yet if he actually agrees that such set-off shall be made, and it is made accordingly, he and his copartners cannot afterwards in an action recover the debt due to the firm; 7 M. & W. 204; 7 M. & G. 607; 9 B. & C. 532; 1 Lindl. Partn. 169, 170; Maule & S. 751. If a person becomes surety to a firm, it is important to ascertain whether he clearly contemplated changes in the firm, and agreed to become surety to a fluctuating body, or not. If he did, his liability is not discharged by any change among the members constituting the partnership at the time he became surety; 10 B. & C. 122; 12 East, 400; 2 Campb. 422; 5 B. & Ald. 261; but if no such intention can be shown, then a contract of suretyship entered into with a firm will be deemed to be binding so long only as the firm remains unchanged, and consequently any change in it, whether by the death or the retirement of a partner; 7 Hare, 50; 3 East, 484; 4 Taunt. 673; 4 Russ. 154; 1 Bingh. 452; 3 Q. B. 703; 7 Term, 254; 10 Ad. & E. 30; or by the introduction of a new partner; 2 W. Blackst. 934; immediately puts an end to the surety's liability so far as subsequent events are concerned. In all such cases the surety's position and risk are altered, and, whether he has in fact been damnified by the change or not, he has a right to say, non in hæc fœdera veni. Similar doctrines apply to cases where a person becomes surety for the conduct of a firm; 3 Campb. 52; 5 M. & W. 580; 1 Bingh. 452. See 6 Q. B. 514; 4 B. & P. 34; 3 Exch. 320; 9 id. 197; 2 V. & B. 79, 83; 8 Cl. & F. 214; 1 Lindl. Partn. 172-174; 1 Glyn & J. 389, 409; 2 id. 246; De G. 300; 2 Rose, 239, 328; 4 Dow. & C. 426. FIRMA (L. Lat.). A farm or rent reserved on letting lands, anciently frequently reserved in provisions. Spelman, Gloss.; Cunningham, Law Dict. A banquet; supper; provisions for the table. Du Cange. A tribute or custom paid towards entertaining the king for one night. Domesday; Cowel. A rent reserved to be paid in money, called then alba firma (white rents, money rents). Spelman, Gloss. A lease. A letting. Ad firmam tradidi (I have farm let). Spelman, Gloss. A messuage with the house, garden, or lands, etc. connected therewith. Co. Litt. 5 a; Shepp. Touchst. 93. See FARM. FIRMA FEODI (L. Lat.). Fee-farm. See FEODI-FIRMA. FIRMAN. A passport granted by the Great Mogul to captains of foreign vessels to trade within the territories over which he has jurisdiction; a permit. FIRMARIUS (L. Lat.). A fermor. A lessee of a term. Firmarii comprehend all such as hold by lease for life or lives or for Co. 2d Inst. year, by deed or without deed. 144, 145; 1 Washb. R. P. 107; 8 Pick. 312315; 7 Ad. & E. 637. FIRST-CLASS MISDEMEANANT. Under the Prisons Act (28 & 29 Vict. c. 126, s. 67) prisoners in the county, city, and borough prisons convicted of misdemeanor and not sentenced to hard labor, are divided into two classes, one of which is called the first division; and it is in the discretion of the court to order that such a prisoner be treated as a misdemeanant of the first divi FIRST FRUITS sion, usually called "first-class misdemeanant," and as such not to be deemed a criminal prisoner, i. e., a prisoner convicted of a crime. FIRST FRUITS. The first year's whole profits of the spiritual preferments. There were three valuations (valor beneficium) at different times, according to which these first fruits were estimated, made in 1253, 1288, and 1318. A final valuation was made by the 26 Hen. VIII. c. 3. They now form a perpetual fund, called Queen Anne's bounty, the income of which is used for the augmentation of poor livings. 1 Sharsw. Bla. Com. 284, and notes; 2 Burn, Eccl. Law. 260. FIRST IMPRESSION (Lat. Primæ impressionis). First examination. First presentation to a court for examination or decision. A cause which presents a new question for the first time, and for which, consequently, there is no precedent applicable in all respects, is said to be a case of the first impression. Austin, Jur. sect. xxv. ad fin. FIRST PURCHASER. In the English law of descent, the first purchaser was he who first acquired an estate in a family which still owns it. A purchase of this kind signifies any mode of acquiring an estate, except by descent. 2 Bla. Com. 220. 666 FISC. In Civil Law. The treasury of a prince; the public treasury. 1 Low. C. 361. Hence, to confiscate a thing is to appropriate it to the fisc. Paillet, Droit Public, 21, n., says that fiscus, in the Roman law, signified the treasure of the prince, and ærarium the treasure of the state. But this distinction was not observed in France. See Law 10, ff. De jure Fisci. FISCAL. Belonging to the fisc, or public treasury. FISH. An animal which inhabits the water, breathes by means of gills, swims by the aid of fins, and is oviparous. Fishes in rivers and in the sea are considered as animals feræ naturæ; consequently, no one has any property in them until they have been captured; and, like other wild animals, if, having been taken, they escape and regain their liberty, the captor loses his property in them. FISHERY prescription, distinct from an ownership in the soil. It is an exclusive right, and applies to a public navigable river, without any right in the soil. 3 Kent, 329. A several fishery is one by which the party claiming it has the right of fishing, independ ently of all others, so that no person can have a coextensive right with him in the object claimed; but a partial and independent right in another, or a limited liberty, does not derogate from the right of the owner. 5 Burr. 2814. A distinction has been made between a com mon fishery (commune piscarium), which may mean for all mankind, as in the sea, and a common of fishery (communium piscaria), which is a right, in common with certain other persons, in a particular stream. 8 Taunt. 183. Mr. Angell seems to think that common of fishery and free fishery are convertible terms. Law of Watercourses, c. 6, ss. 3, 4. Mr. Woolrych says that sometimes a free fishery is confounded with a several, sometimes it is said to be synonymous with common, and again it is treated as distinct from either. Law of Waters, etc. 97. A several fishery, as its name imports, is an exclusive property this, however, is not to be understood as depriving the territorial owner of his right to a several fishery when he grants to continue to be the several proprietor although he another person permission to fish; for he would should suffer a stranger to hold a coextensive right with himself. Woolrych on Wat. 96. and common of fishery are not strongly marked, These distinctions in relation to several, free, and the lines are sometimes scarcely perceptible. "Instead of going into the black-letter books to learn what was a fishery, and a free fishery, and a several fishery," says Huston, J., "I am disposed to regard our own acts, even though differing from old feudal law." 1 Whart. 132. The right of fishery is to be considered with reference to navigable waters and to waters not navigable; meaning, by the former, those in which the tide ebbs and flows; the common law of England the fisheries in by the latter, those in which it does not. By all the navigable waters of the realm belong to the crown by prerogative, in such way, nevertheless, as to be common to all the subjects: so that an individual claiming an exclusive fishery in such waters must show it strictly by grant or prescription. In rivers not navigable the fisheries belong to the owners of the soil or to the riparian proprietors; FISH ROYAL. A whale, porpoise, or Bla. Com. 39; Hale, De Jure Mar. c. sturgeon thrown ashore on the coast of Eng-4; 1 Mod. 105; 6 id. 73; 1 Salk. 357; land belonged to the king as a branch of his Willes, 265; 4 Term, 487; 4 Burr. 2162; prerogative. Hence these fish are termed Dav. 155; 7 Co. 16 a; Plowd. 154 a. royal fish. Hale, De Jure Mar. pt. 1, c. 7; common law has been declared to be the law 1 Sharsw. Bla. Com. 290; Plowd. 305; in several of the United States; 17 Johns. Bracton, 1. 3, c. 3. 195; 19 id. 256; 20 id. 90; 6 Cow. N. Y. 518; 3 N. H. 321; 1 Pick. 180; 4 id. 145; 5 id. 199; 5 Day, 72; 1 Baldw. C. C. 60; 5 Mas. C. C. 191; 5 Harr. & J. Md. 193; 2 Conn. 481; 10 Cush. 309; 108 Mass. 446, 447; 37 Me. 472. But in Pennsylvania, North Carolina, and South Carolina, the right of fishery in the great rivers of those states, though not tide-waters, is held to be vested in the state and open to all the world; 2 Binn. FISHERY. A place prepared for catching fish with nets or hooks. This is commonly applied to the place of drawing a seine or net. 1 Whart. 131, 132. A common of fishery is not an exclusive right, but one enjoyed in common with certain other persons. 3 Kent, 329. A free fishery is said to be a franchise in the hands of a subject, existing by grant or The States. FIXING BAIL 475; 14 S. & R. 71; 1 M'Cord, 580; 3 Ired. of duty, fish and fish oils into the ports of the 277; 34 Ohio, 492; see 89 Penn. 346. The other. The treaty was to continue in operation free right of fishery in navigable waters ex- from either party. In Art. XXII. it is stated that for ten years, and further until two years' notice tends to the taking of shell-fish between high the British government asserts that these proviand low water-mark; 2 Bos. & P. 472; 5 sions of the treaty would work greatly to her Day, 22; 37 Me. 472; 15 How. 132; 103 disadvantage. Provision was accordingly made, Mass. 217. by the same article, for the appointment of a In Massachusetts and Maine, private fish-commission, which is known as the fisheries comeries are subject to legislative control; 5 Pick. mission, to determine the amount of compensa199; 9 id. 87; 2 Cush. 257; 6 id. 380; 17 nal, consisting of three members, met at Halifax, tion to be paid by the United States. The tribuid. 106; 70 id. 196, 198; 82 N. C. 65; see, N. S., June 15, 1877, and the business sessions also, 20 Johns. 90; and public fisheries may lasted from July 28 to November 23, 1877. The be appropriated by towns in which the waters award was five and one-half million dollars in lie; 4 Mass. 140; 14 id. 488. Public fisheries gold to Great Britain. The United States comare, of course, subject to legislative regula-in his opinion the advantages accruing to Great missioner did not sign the award, stating that, tion; 37 Me. 472; 18 How. 571; 1 Baldw. Britain under the treaty of Washington are 76. Private or several fisheries in navigable greater than those conferred on the United waters may be established by the legislatures, He deems it his duty to state or may, perhaps, be acquired by prescription further, that it is questionable whether it is comclearly proved; 16 Pet. 369; 6 Cow. 369; 5 petent for the board to make an award under the Ired. 118; 1 Wend. 237; 4 Md. 262; 10 treaty, except with the unanimous consent of its members." See U. S. Rev. Stat. §§ 2505, Cush. 369; 39 Mich. 626; and in some of 2506; 12 Am. Law Rev. 380. the United States there are such private fisheries, established during the colonial state, which are still held and enjoyed as such: as, in the Delaware; 1 Whart. 145; 1 Baldw. 76. The right of private fishery may exist not only in the riparian proprietor, but also in another who has acquired it by grant or otherwise; Co. Litt. 122 a, n. 7; Schultes, Aq. Rights, 40, 41; Angell, Waterc. 184; 33 N. J. L. 223. But see 2 Salk. 637. Such a right is held subject to the use of the waters as a highway; Angell, Tide-Wat. 80-83; 1 South. 61; 1 Jones, No. C. 299; 1 Campb. 516; 1 Whart. 136; and to the free passage of the fish; 7 East, 195; 1 Rice, 447; 5 Pick. 199; 10 Johns. 236; 17 id. 195; 4 Mass. 522; 15 Me. 303, 378. Oysters which have been taken, and have thus become private property, may be planted in a new place flowed by tide-water and where there are none naturally, and yet remain the private property of the person planting them; 14 Wend. 42; 34 Barb. 592; 2 R. I. 434. A state may pass laws prohibiting the citizens of other states from taking oysters within its territorial limits; 4 Wash. C. C. 371; 12 R. I. 385; 94 U. S. 391; Angell, Tide-Wat. 156. See, generally, 2 Bla. Com. 39; 3 Kent, 409; Bacon, Abr. Prerogative; Schultes, Aq. Rights; Angell, Waterc. §§ 61-89; Washburn, Easements. FISHERIES COMMISSION. The relations of the United States with the British provinces on the Atlantic, have been the subject of important negotiations. By the treaty of 1818 (Art. I.), the United States have the right to fish on certain specified coasts of British America without reference to the distance from shore, while as to all other coasts they are excluded from fishing within three marine miles of the shore. The treaty of Washington of 1871 (Art. XVIII.) removes the three-mile restriction. Art. XIX. yields a corresponding right to all British subjects as to the Atlantic coasts of the United States north of the 39th parallel, and concedes to each nation the right to import, free FISH COMMISSIONER. The Act of 9 February, 1871, provides for the appointment of a commissioner of fish and fisheries, with all necessary powers looking to the preservation and increase of food fishes throughout the country. U. S. Rev. Stat. § 4395. FISK. In Scotch Law. The revenue of the crown. sonal estate of a rebel which has been forGenerally used of the perfeited to the crown. Bell, Dict. FISTUCA (Lat.; spelled, also, festuca; called, otherwise, baculum, virga, fustis). The rod which was transferred, in one of the ancient methods of feoffment, to denote a transfer of the property in land. Spelman, Gloss. FIX. A constitutional provision to the effect that the general assembly shall fix the compensation of officers, means that it shall prescribe or "fix" the rule by which such compensation is to be determined; 18 Ohio, 9. FIXING BAIL. In Practice. Render ing absolute the liability of special bail. The bail are fixed upon the issue of a ca. sa. (capias ad satisfaciendum) against the defendant; 2 Nott. & M'C. 569; 16 Johns. 117; 3 Harr. N. J. 9; 11 Tex. 15; and a return of non est thereto by the sheriff; 4 Day, 1; 2 Bail. 492; 3 Rich. So. C. 145; 1 Vt. 276; 7 Leigh, 371; made on the returnday; 2 Metc. Mass. 590; 1 Rich. So. C. 421; unless the defendant be surrendered within the time allowed ex gratia by the practice of the court; 3 Conn. 316; 9 S. & R. 24; 2 Johns. 101; 9 id. 84; 1 Dev. No. C. 91; 11 Gill & J. 92; 2 Hill, N. Y. 216; 8 Cal. 552; 17 Ga. 88. In New Hampshire, 1 N. H. 472; Massachusetts, 2 Mass. 485; Missouri, 69 Mo. 359; Tennessee, 5 Yerg. 183; and Texas, 7 Tex. App. 279; bail are not fixed till judgment on a sci. ja. is obtained against them, except by the death of the defendant after a return of non est to an execution against him. FIXTURES The death of the defendant after a return of non est by the sheriff prevents a surrender, and fixes the bail inevitably; 5 Binn. 332; 4 Johns. 407; 3 M'Cord, 49; 4 Pick. 120; 4 N. H. 29; 12 Wheat. 604. See 1 Ov. 224; 1 Ohio, 35; 2 Ga. 331. In Georgia and North Carolina, bail are not fixed till judgment is obtained against them; 3 Dev. 155; 2 Ga. 331; 61 id. 197; id. 492. See BAIL. FIXTURES. Personal chattels affixed to real estate, which may be severed and removed by the party who has affixed them, or by his personal representative, against the will of the owner of the freehold. There is much dispute among the authorities as to what is a proper definition. Brown's Law of Fixtures, 1; 6 Am. Law Rev. 412, where various definitions are reviewed. Questions frequently arise as to whether given appendages to a house or land are to be considered part of the real estate, or whether they are to be treated as personal property: the latter are movable, the former not. The annexation may be actual or constructive. 1st. By actual annexation is understood every mode by which a chattel can be joined or united to the freehold. The article must it was put up for such a purpose indicates an intention that the thing should not become part of the freehold. See 1 Hen. Bla. 260. But if there is a clear intention that the thing should be permanently annexed to the realty, its being used for purposes of trade would not, perhaps, bring the case within one of the exceptions; 1 Hen. Bla. 260. The tendency of modern authorities is to make the intention of the parties the general rule for deciding whether an article is realty or personalty; L. R. 7 C. P. 328; 12 N. Y. 170; 17 Am. Dec. 690. But the intention must be definitely expressed by words or acts; mere unexpressed mental intention is of no avail; 16 Ill. 480; 43 N. H. 390; 43 Penn. 308; see 42 Mich. 389, and note. See With respect to the different classes of persons who claim the right to remove a fixture, it has been held that where the question arises between an executor and the heir at law the rule is strict that whatever belongs to the estate to which the fixture appertains will go to the heir; but if the ancestor manifested an intention (which it is said may be inferred from circumstances) that the things affixed should be considered personalty, they will be so treated, and will go to the executor. not be merely laid upon the ground; it must Bac. Abr. Executor, Administrator; 2 Stra. be fastened, fixed, or set into the land, or into 1141; 1 P. Wms. 94; Bull. N. P. 34; 12 some such erection as is unquestionably a part | Cl. & F. 312; 36 Am. Rep. 446. As beof the realty; otherwise it is in no sense a fixture; Bull. N. P. 34; 3 East, 38; 9 id. 215; 1 Taunt. 21; Pothier, Traité des Choses, § 1; 20 Wend. 636; 3 Blackf. 111. Locks, iron stoves set in brick work, posts, and window-blinds, afford examples of actual annexation. See 5 Hayw. 109; 20 Johns. 29; 1 Harr. & J. 289; 3 M'Cord, 553; 9 Conn. 63; 1 Miss. 508, 620; 7 Mass. 432; 15 id. 159; 4 Ala. 314. 2d, by constructive annexation. Some things have been held to be parcel of the realty which are not annexed or fastened to it; for example, deeds or chattels which relate to the title of the inheritance and go to the heir; Shep. Touch. 469; 31 Barb. 632; 41 N. H. 503. But loose, movable machinery used in prosecuting any business to which the freehold is adapted cannot be considered part of the real estate nor in any way appurtenant to it; 12 N. H. 205; 6 Exch. 295; 14 Allen, 136. See, however, 2 W. & S. 116, 390. So deer in a park, fish in a pond, and doves in a dove-house, go to the heir, and not to the executor, being, like keys and heirlooms, constructively annexed to the inheritance; Shep. Touch. 90; Pothier, Traité des Choses, § 1. The general rule is, that fixtures once annexed to the freehold become part of the realty. But to this rule there are exceptions: as, first, where there is a manifest intention to use the fixture in some employment distinct from that of the occupant of the real estate; second, where it has been annexed merely for the purpose of carrying on a trade; 3 East, 88; 4 Watts, 330; for the fact that tween a vendor and a vendee the same strictness applies as between an executor and an heir at law; for all fixtures which belong to the premises at the time of the sale, or which have been erected by the vendor, whether for purposes of trade or manufacture or not, as potash-kettles for manufacturing ashes, and the like, pass to the vendee of the land, unless they have been expressly reserved by the terms of the contract; 6 Cow. 663; 20 Johns. 29; Ewell, Fixtures, 271. The same rule applies as between mortgagor and mortgagee; 15 Mass. 159; 1 Atk. 477; 16 Vt. 124; 12 N. H. 205; Ewell, Fixtures, 271; and as between a devisee and the executor, things permanently annexed to the realty at the time of the testator's death pass to the devisee,-his right to fixtures being similar to that of a vendee; 2 Barnew. & C. 80; Ferard, Fixtures, 246. But as between a landlord and his tenant the strictness of the ancient rule has been much relaxed. The rule here is understood to be that a tenant, whether for life, for years, or at will, may sever at any time before the expiration of his tenancy, and carry away, all such fixtures of a chattel nature as he has himself erected upon the demised premises for the purposes of ornament, domestic convenience, or to carry on trade; provided, always, that the removal can be effected without material injury to the freehold; 16 Day, 322; 16 Mass. 449; 4 Pick. 310; 2 Dev. 376; 1 Bail. 541; 7 Barb. 263; 1 Denio, 92; 19 N. Y. 234; Ewell, Fixtures, 76. There have been adjudications to this effect FIXTURES 669 FLAVIANUM JUS not. See, generally, on this subject, Vin. Abr. Landl. and Tenant (A); Bac. Abr. Execu tors, etc. (H 3); Comyns, Dig. Biens (B, C); 2 Sharsw. Bla. Com. 281, n. 23; Pothier, Traité des Choses; 4 Co. 63, 64; Co. Litt. 53 a, and note 5, by Hargrave; F. Moore, 177; Bouvier, Inst. Index; 2 Washb. R. P.; Brown, Fixtures; Ferard, Fixtures; Ewell, Fixtures; 6 Am. L. Rev. 412; 17 Am. Dec. 686; 24 Alb. Law J. 314. FLAG. A symbol of nationality carried by soldiers, ships, etc., and used in many places where such a symbol is necessary or proper. with respect to bakers' ovens; salt-pans; of the article, and whether it is a fixture or carding-machines; cider mills and furnaces; steam-engines; soap-boilers' vats and copper stills; mill-stones; Dutch barns standing on a foundation of brick-work set into the ground; a varnish-house built upon a similar foundation, with a chimney; and to a ball-room, erected by the lessee of an inn, resting upon stone posts slightly imbedded in the soil; and also in regard to things ornamental or for domestic convenience: as, furnaces; stoves; cupboards and shelves; bells and bell-pulls; gas-fixtures; portable hot-air furnace; 127 Mass. 125, and note; 34 Am. Rep. 353; 89 Penn. 506; pier- and chimney-glasses, although attached to the wall with screws; marble chimney-pieces; grates; windowblinds and curtains. The decisions, however, are adverse to the removal of hearthstones, doors, windows, locks and keys; because such things are peculiarly adapted to the house in which they are affixed; also, to all such substantial additions to the premises as conservatories, greenhouses (except those of a professional gardener), stables, pig-sties and other outhouses, shrubbery and flowers planted in a garden. Nor has the privilege been extended to erections for agricultural purposes; though it is difficult to perceive why such fixtures should stand upon a less favored basis than trade fixtures, when the relative importance of the two arts is considered. Taylor, Landl. & Ten. §§ 544–550; 3 East, 38; 13 Penn. 438. But some American authorities question the correctness of the doctrine in its application to the United States; 2 Pet. 137; 20 Johns. 29; Ferard, Fixtures, 60. The time for exercising the right of removal is a matter of some importance. A tenant for years may remove them at any time during his term and afterwards, if he is in possession and holding over rightfully; 7 M. & W. 14; 14 Cal. 59; 40 Ind. 145. But tenants for life or at will, having uncertain interests in the land, have, after the determination of their estates not occasioned by their own fault, a reasonable time within which to remove their fixtures; 3 Atk. 13; 19 N. J. 238; 102 Mass. 193. For the law upon the subject of nationality of a cargo as determined by the flag, see 5 East, 398; 9 id. 283; 3 B. & P. 201; 1 C. Rob. Adm. 1; 5 id. 16; 1 Dods. Adm. 81, 131; 9 Cra. 388; 2 Pars. Marit. Law, 114, 118, n. 129. British flag, by striking the flag and lowering FLAG OF THE UNITED STATES. By the act entitled "An act to establish the flag of the United States," passed April 4, 1818, 3 Story, U. S. Laws, 1667, it is enacted § 1. That, from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, alternate red and white; that the union be twenty stars, white in a blue field. § 2. That, on the admission of every new state into the Union, one star be added to the union of the flag; and that such addition shall take effect on the fourth day of July then next succeeding such admission. See Preble, Hist. of Am. Flag. FLAGRANS CRIMEN. In Roman Law. A term denoting that a crime is being or has just been committed: for example, when a crime has just been committed and the corpus delictum is publicly exposed, or if a mob take place, or if a house be feloniously burned, these are severally flagrans crimen. The term used in France is flagrant délit. The Code of Criminal Instruction gives the following concise definition of it, art. 41; "Le délit qui se commet actuellement ou qui vient de se commettre, est un flagrant délit.” FLAGRANTE DELICTO (Lat.). In the very act of committing the crime. 4 Bla. Com. 307. If a tenant quits possession of the land without removing such fixtures as he is entitled to, the property in them immediately vests in the landlord, and though they are subsequently severed the tenant's right to them does not revive. If, therefore, a tenant desires to have any such things upon the premises after the expiration of his term, for the purpose of valuing them to an incoming tenant, or the like, he should take care to get the landlord's consent; otherwise he will lose his property in them entirely; 1 B. & Ad. 394; 2 M. & W. 450. The rights of parties with respect to particular articles are sometimes regulated by local customs, especially FLAVIANUM JUS (Lat.). A treatise as between outgoing and incoming tenants; on civil law, which takes its name from its and in cases of this kind it becomes a proper author, Cneius Flavius. criterion by which to determine the character actions. Vicat, Voc. Jur. FLASH CHEQUE. A cheque drawn upon a banker by one who knows he has not sufficient funds in the banker's hands to meet it. It contains forms of |